From today, a new law takes effect barring strata committees and body corporates from flatly denying residents from keeping pets.
Instead, strata bans on pets can only be implemented if “the animal unreasonably interferes with another resident’s use and enjoyment of their lot or the common property”, as the NSW Fair Trading website states.
The change comes after a review of the Strata Schemes Management Act 2015. This review followed a 2020 judgement by the New South Wales Court of Appeal. It ruled that strata bans on pets within body corporate by-laws cannot be enforced.
‘Fair and sensible regulations’
Minister for Better Regulation, Kevin Anderson, said stopping strata bans on pets without due cause recognises the importance of pets in our lives, especially following COVID lockdowns.
“Living in strata is becoming more popular and, while we don’t want strata residents deprived of the benefits of owning a pet, it’s also important the amenity of neighbours and others in the building isn’t impacted,” he said.
“Our new laws have been designed to strike the right balance for everyone living in strata communities, putting an end to blanket bans on pets while giving owners corporations clear guidance on how they can set rules to ensure other owners aren’t impacted.”
Mr Anderson also noted the COVID experience has highlighted the importance of companionship.
“As a dog owner myself, I understand how important pets are for families in this state, and their companionship cannot be understated, particularly during the current pandemic.”
According to the Minister, Australia has “one of the highest rates of pet ownership in the world”.
He said that 61 per cent of households currently have pets, and 91 per cent have a pet at some point.
When can strata bans on pets be enforced?
The new law means owners corporations no longer have the power to outright ban the keeping of pets.
They can, however, still require pets to be approved before they arrive at the complex. But this is an optional inclusion within the by-laws.
If residents are required to obtain approval, the owners corporation cannot refuse permission unless the pet would cause unreasonable interference to one or more other residents. They must also make their decision within a “reasonable” timeframe.
More detailed information on the new laws is available on the NSW Fair Trading website.
‘Cooper Case’ drives change
The legal change follows a marathon legal battle between a Sydney dog owner and her owners corporation.
Sharon Levy and Emma Boyce of Sydney-based Bartier Perry Lawyers noted the case had significant ramifications for NSW apartment dwellers.
“The ruling means that Angus, the now famous miniature schnauzer, can stay in The Horizon building, but also that blanket bans on animals are no longer permitted in any building anywhere in NSW,” they wrote in a blog post in March.
They said the 43-storey building in Sydney’s Darlinghurst had a by-law stating “…an owner or occupier of a Lot must not keep or permit any animal to be on a Lot or on the Common Property”.
Angus’ owners tried unsuccessfully to have the by-law removed.
In 2019, the case went before the NSW Civil and Administrative Tribunal and then the NCAT Appeal Panel. Both ruled in favour of the owner’s corporation.
However, the matter then went before the New South Wales Court of Appeal. In October 2020, the court ruled in favour of Angus’s owners and struck down the by-law.
“The ruling in the Cooper Case sets a precedent which is binding in lower Courts in NSW and NCAT, particularly for those by-laws which are in the same or similar terms to The Horizon’s former by-law 14.”
‘Win for pets in strata’
At the time, the Tenants’ Union of New South Wales labelled the unanimous court ruling “a win for pets in strata”.
“Strata schemes will no longer be able to unreasonably withhold consent, or have rules that put in place conditions on pets that go beyond preventing a ‘nuisance, or hazard, or unreasonable interference’ for others,” policy and advocacy co-ordinator Jemima Mowbray wrote.
However, Ms Mowbray cautioned that while strata bans on pets have been removed, tenants still face a major hurdle.
“For renters in strata, it’s a different story… Even if your strata scheme will now allow pets, you may still be facing a pet ban from the landlord.”
The Tenants’ Union has a digital guide to Renting with pets in NSW. It is aimed at helping renters understand the rules and conditions that can be imposed on having pets in a rental property.
